Legal Opinion

Durham v. Bowie County

Texas Court of Appeals, 6th District (Texarkana)

Decided April 21, 2004No. 06-03-00058-CVPublishedCited by 16 opinions

1Opinion of the Court

OPINION

Opinion by Chief Justice MORRISS.

On February 16, 2001, promptly after a flood-induced chasm in Bowie County Road 4121 was discovered, warning signs were placed at the site by County employees. The next day, approximately one hour after the warning signs were removed — without the County’s knowledge— by some unknown third party, Annie Durham and Tonya Foster were killed when their car fell into that chasm. Velma Durham and Ricky Foster subsequently sued Bowie County, alleging wrongful death and seeking survivorship damages. Durham and Foster claim the Texas Tort Claims Act waived…

2Cases cited19 opinions

  1. Nixon v. Mr. Property Management Co.Texas Supreme Court · 1985
  2. City of Houston v. Clear Creek Basin AuthorityTexas Supreme Court · 1979
  3. Science Spectrum, Inc. v. MartinezTexas Supreme Court · 1997
  4. Gibbs v. General Motors CorporationTexas Supreme Court · 1970
  5. State Department of Highways & Public Transportation v. PayneTexas Supreme Court · 1992

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3Cited by16 opinions

  1. City of San Antonio v. HartmanTexas Supreme Court · 2006
  2. City of San Angelo Fire Department v. Hudson, Texas Court of Appeals, 3rd District (Austin)2005
  3. Texas Department of Public Safety v. Little, Texas Court of Appeals, 14th District (Houston)2008
  4. City of San Antonio by and Through City Public Service Board of San Antonio D/B/A CPS Energy v. Chris Smith, Texas Court of Appeals, 4th District (San Antonio)2018
  5. Amanda Lafferty v. Jasper County Sheriff's Department, Texas Court of Appeals, 9th District (Beaumont)2013

11 more not listed; retrieve them via the Exa API.

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